Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BZAGX v Minister for Immigration and Border Protection [2016] FCA 86 Appeal from: BZAGX v Minister for Immigration & Anor [2015] FCCA 1535
File number: QUD 937 of 2015
Judge: JESSUP J
Date of judgment: 18 February 2016
Catchwords: MIGRATION – Extension of time to appeal – Recourse to Minister under s 417 – Whether satisfactory explanation for failure to appeal within time – Discretionary factors
Legislation: Constitution Ch III Migration Act 1958 (Cth) s 417 Federal Court Rules 2011 rr 1.30, 36.03(a)(i)
Cases cited: MZYLJ v Minister for Immigration and Citizenship [2012] FCA 335
Date of hearing: 10 February 2016
Registry: Queensland
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 8
Counsel for the Applicant: The applicant appeared in person with the assistance of an interpreter
Counsel for the Respondents: Mr B McGlade
Solicitor for the Respondents: Clayton Utz
ORDERS QUD 937 of 2015
BETWEEN: BZAGX Applicant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent
JUDGE: JESSUP J DATE OF ORDER: 18 FEBRUARY 2016
THE COURT ORDERS THAT:
1. The application for an extension of time within which to file an appeal be refused. 2. Save for the costs of preparing and copying the application book, the applicant pay the respondent Minister's costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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